4/7/2021 E-Library - Information At Your Fingertips: Printer Friendly the Whereas clause that: "On 27 July 2002, Claimant [(Llorente)] applied for and executed a Stop Payment Order (SPO) on the two drafts, citing as reason that the drafts he issued/negotiated to Star Casino exceeded the amount he was [obliged] to pay"[94] may be taken against him to weaken his allegation of fraud and unfair gaming practices against SCPL. Lastly, for the unjust enrichment principle to apply against SCPL, it should be the party who is benefitted from the reimbursement or return of the funds by EPCIB. In this case, the party who received the benefit was Llorente. Any payment to SCPL arising from the subject demand/bank drafts by EPCIB and/or Llorente can never be by mistake. As provided in Article 2154 of the Civil Code, if something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises; and, under Article 2163, here is payment by mistake if something which has never been due or has already been paid is delivered. While EPCIB is clearly liable as the drawer of the subject demand/bank drafts, there is no legal basis to make it solidarily liable with Llorente. According to Article 1207 of the Civil Code, there is solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity. In this case, there is no contract or agreement wherein the solidary liability of EPCIB is expressly provided. Under the NIL and the nature of the liability of the drawer, solidary obligation is also not provided Thus, EPCIB's liability is not solidary but primary due to the SPO that Llorente issued against the subject demand/bank drafts. Consequently both Llorente and EPCIB are individually and primarily liable as endorser and drawer of the subject demand/bank drafts, respectively. Given the nature of their liability, SCPL may proceed to collect the damages hereinafter awarded simultaneously against both Llorente and EPCIB, or alternatively against either Llorente or EPCIB, provided that in no event can SCPL recover from both more than the damages awarded. In the event that SCPL is able to collect from EPCIB based on this judgment, any amount that EPCIB pays to SCPL can be collected by EPCIB from Llorente by virtue of its cross-claim against Llorente and pursuant to the indemnity clause of the Indemnity Agreement, which is valid as between Llorente and EPCIB The monetary awards imposed by the RTC upon Llorente and EPCIB have to be modified pursuant to Lara's Gifts & Decors, Inc. v. Midtown Industrial Sales, Inc.,[95] wherein the majority of the Court en banc revised the guidelines on interest in Eastern Shipping Lines, Inc. v. Court of Appeals[96] and Nacar v. Gallery Frames[97] and the ponente filed a Concurring and Dissenting Opinion. Thus, the payment of the amount of the subject bank drafts in the sum of US$300,000.00 should bear interest at the legal rate of 12% per annum from the date of extrajudicial demand, which is August 30, 2002[98] (as this is the date the extrajudicial demand against EPCIB that was made subsequent to the extrajudicial demand for payment against Llorente), to June 30, 2013 and at 6% per annum from July 1, 2013 until full payment and the payment of the attorney's fees equivalent to 5% of the amount of demand or US$15,000.00 should https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65911 16/22